Intermediate Question Is this legal?

[D_Tagr]

I hope you guys can answer this one.

I quoted a Strata(HOA) in good faith for some flatwork and windows on a 40 unit condo complex. Now one of the members of the council says he can do it cheaper with a rented machine and is preparing a quote. I am ******* pissed.

I have been talking and e-mailing with my contact throughout and he wants to use me but council is waiting for their member's quote. What protection do I have (if any),or recourse if this mutt picks up this job?

So far I cut price by about 5%(hated doing it) and have tried very hard to explain the differences. Here is an excerpt from my last e-mail.


Hi Jason,

Here is the revised quote for 2120 Central Place. I have also included a copy of a contract which must be signed by a council representative or your property manager.

It's important to note that often pressurewashing is regarded as something that any one can do with a rented machine. This is only partially true. Often specific knowledge or skills come into play, in my case chemical knowledge for removing graffiti or stains on concrete, or knowing that window seals can be blown very easily leading to fogging or "weeping".

Having a $2,000,000 liability policy,Worksafe coverage,and being a BBB member unaviodably add to my cost, but this only ensures that your Strata gets the service it deserves - professional.

If this fails and this mutt steals my job what are my options?
This is the first time it has happened to me,but I figure it must be fairly common.

[Beth n Rod]

Legal? Maybe so. Ethical? Ummm.... Not to me...
I would think he should not be involved in the selection process....at all.

Beth

[814jeffw]

Your options are to let them live and learn,...and in the mean time,.... move on.

Jeff

[MMI Enterprises]

yea mutt would be the word.. they hang around for scraps.

Isn't ethical for a board to accept bids from a member privy to all the bid info. Is unfair bidding practice.
What a slimeball/lowballin bunch of creeps!

[John Doherty]

It is a conflict of interest, full disclosure to the other board members must be made and this individual must recuse themselves from the vote.

If they didn't disclose it or recuse themselves from any vote on the matter it is a violation of fiduciary duty—specifically, duty of loyalty.

Duty of loyalty requires that board members act for the association's benefit only, without regard for any personal interest the directors may have. Violation of any fiduciary duty could lead to legal action against the association or an individual board member.

This is to protect the residents not you.

What can you do? Nothing, let it go, only the residents would have any standing, not you.

[MMI Enterprises]

There ya go.. RE: what John said to them mofo's..They probably don't follow no Roberts rules neither..too typical. Have same situation around me.

[D_Tagr]

Once again thanks for all the support. I love this board!!

After my last e-mail the council decided to accept my bid! I'm not sure what changed their mind but I'm not going to delve too closely, at least until the contract is signed!

I agree totally with what John said about duty of loyalty. I'm also on a council and it is sometimes difficult to put personal interests or agendas aside and focus on what is best for the Strata. At any rate I think it's extremely unethical for this guy to bid.

I wouldn't (and didn't) bid on our Strata's pressure washing this year and had to sit in silence as this year's PW'r did the same crappy job as last years for $5000 less. I didn't see the contract or the bid sheet, but I got to supervise! I called them back 3 times. They hated me, lol!!

I was fully prepared to move on so this is a nice late in the day surprise.

Has anyone experienced a similar situation? I'm curious to know how you handled it.

[Beth n Rod]

Congrats Chris!
Glad it worked out!
Beth

[ShineBrite LLC]

Man, I have to chime in on this one, just to blow off some steam.
I've had that near exact scenario and one similar this year, both on the biggest jobs I've quoted yet...
My specialty is deck and dock work..
1) Big job - 900 feet of 8' wide boardwalk with 14 docks attached, 150' of walk with steps to a pool area with huge pergolas and big gazebo. All to be cleaned and sealed. Written proposal with bid, schedule, etc given to owner's association president. My quote was cut to the quick, I wanted the job and the "after" photos, and had already done three of the resident's large decks there. They were very happy. I lost to an owner who rented a PW and supposedly did it for $2000!!!!!!!! I can't wait to go see this!!.
2) HUGE job. Over 35,000 sq ft of docks for a retirement community. Big company (not naming it here, because I do a lot of work for them anyway) - Had to supply written proposal outlining all chemicals used, stains, MSDS, product sheets, qtys, etc, etc.. Several pages, hours of work measuring and working on this bid. They took all my info, gave it to the in house painter supervisor and then actually told me they did that and were going to handle it in house using my methods and info. WOW.
My deadline, had I gotten the contract, was Easter. It's still not done. HA.

[MMI Enterprises]

freaken bold aren't they!! They sounded really concerned for your worry that it was gonna get done right due to your help..geez

[James]

I ve had the the same thing happen to me. On large jobs and a couple of home owners. I do not give my procedure's any more alone with a quote .

[Scott Stone]

Originally Posted by ShineBrite LLC

Man, I have to chime in on this one, just to blow off some steam.
I've had that near exact scenario and one similar this year, both on the biggest jobs I've quoted yet...
My specialty is deck and dock work..
1) Big job - 900 feet of 8' wide boardwalk with 14 docks attached, 150' of walk with steps to a pool area with huge pergolas and big gazebo. All to be cleaned and sealed. Written proposal with bid, schedule, etc given to owner's association president. My quote was cut to the quick, I wanted the job and the "after" photos, and had already done three of the resident's large decks there. They were very happy. I lost to an owner who rented a PW and supposedly did it for $2000!!!!!!!! I can't wait to go see this!!.
2) HUGE job. Over 35,000 sq ft of docks for a retirement community. Big company (not naming it here, because I do a lot of work for them anyway) - Had to supply written proposal outlining all chemicals used, stains, MSDS, product sheets, qtys, etc, etc.. Several pages, hours of work measuring and working on this bid. They took all my info, gave it to the in house painter supervisor and then actually told me they did that and were going to handle it in house using my methods and info. WOW.
My deadline, had I gotten the contract, was Easter. It's still not done. HA.

For what it is worth, I would tape record these conversations and get and keep all the records I could. You might just have a lawsuit because they stole your intellectual property. What is more, you never let all of your cats out of the bag. You let enough out to let them have confidence in knowing that you know, but not enough knowledge to duplicate waht you do.

[MudDuck]

Thats just scary,,,I'd let them know I didn't appreciate it. And when numbnutts figures out it's not a weekend project and more complicated than it looks give me a call and I'll submit another bid. (that gas just keeps going up) And I would make sure every professional in the area knew that the HOA had hosed me to figure out what a fair amount was for the job so one of the board members could under cut me and pocket the HOA funds. Heck I might spend a few bucks on some post card mailers to the neighborhood with a "Did you know?" letter ending with a "So another board member could pocket your hard earned and paid HOA fee's. If nothing else to start the neighborhood rumor mill..lol...no one likes the HOA that isn't on it. Let the truth rumors run rampant with your biz name tagged as the victim. LOL. You can't pay for that kind of advertising!!!

Glad to hear they caved but it still cost you 5%. Do you have a overrun leeway in your contracts? For say...ahhh... shipping / fuel sure-charge,,,yea thats it!
My advice to anyone in that situation would be to NOT start chasing a price. Stand on your bid. Went to a sales seminar one time and had a coach say "there has been more men killed by the jaw bone of an aZZ then there ever was with a sword!"
Meaning shut up jack AZZ your talking yourself out of a sale!
Make your pitch, name your price....the next one to speak loses!
In a face to face that awkward silence is your friend. Try it, the next one to speak loses.